SpecMan4EPR

END USER LICENSE AGREEMENT

THIS END USER LICENSE AGREEMENT ("Agreement") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE) AND SpecMan4EPR DEVELOPERS ("SpecMan4EPR developers"). PLEASE READ THIS AGREEMENT CAREFULLY AND PRINT OUT A COPY FOR YOUR RECORDS. THIS AGREEMENT SUPERSEDES PREVIOUS VERSIONS.

BY DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING SpecMan4EPR SOFTWARE YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.

1. SOFTWARE: As used in this Agreement, the term "Software" refers to the SpecMan4EPR software which you have selected to download. The term "Software" also shall include any upgrades, modified versions or updates of the Software made available to you by SpecMan4EPR developers. The term "Software" also includes any third party software made available to you by SpecMan4EPR developers.

2. GRANT OF LICENSE: Subject to the terms of this Agreement, SpecMan4EPR developers hereby grants you a perpetual, non-exclusive, non-transferable right to: (i) install the Software, (ii) use the Software for your internal use, and (iii) copy the Software for back-up or archival purposes. Only ONE installation of the Software in NO NETWORK or SERVER mode can be done per LICENSE.
2.1 DEMO VERSIONS: If you select to download a demonstration (free) version of the Software, you will be unable to execute the experiment in Tune or Run mode longer than 10 minutes unless you upgrade to a fully licensed version of the Software (provided such option is made available to you), and pay the applicable fees, if any.
2.2 FULLY LICENSED VERSIONS: If you select to purchase a fully licensed version of the Software and pay the applicable license fee, no time restrictions will apply on the experiment duration.

3. TECHNICAL SUPPORT: Subject to payment of the applicable license fee, SpecMan4EPR developers will provide you with one year of technical support from the moment of the purchase of the Software. You may obtain continued technical support for a specified period of time by paying the applicable fee. All technical support is provided subject to then-current technical support policy. All updates to the Software shall be governed by this Agreement unless other license terms are provided with the update.
3.1 THE SCOPE OF TECHNICAL SUPPORT: Technical support includes the e-mail or telephone line for consulting on questions of application and configuring of the Software. On request of users SpecMan4EPR developers may modify the Software to fit the user's needs. SpecMan4EPR developers will notify you in case any updates are available to be downloaded by you.

4. PROGRAM MODIFICATIONS: All program modifications (free or paid for) requested by user during the period of technical support may, in SpecMan4EPR developers sole discretion, can be made available to general public in form of program updates, demo or fully licensed versions. Modifications of the program on user request (free or paid for) do not transfer to user any additional rights other than granted in paragraph 2 of this Agreement.

5. LICENSE RESTRICTIONS: You acknowledge that the foregoing license extends only to your use of the features and functionality of the Software as described in the online documentation accompanying the version of the Software downloaded by you (the "Documentation"), and you agree not to modify the Software in order to enable features or functionality different than those described in such Documentation without notifying SpecMan4EPR developers and paying the applicable Software upgrade fee. You may not: (i) reverse engineer, decompile, or disassemble the Software; (ii) modify, or create derivative works based upon, the Software in whole or in part; (iii) distribute copies of the Software; (iv) remove any proprietary notices or labels on the Software; or (v) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Software. Any use in violation of this Section shall immediately terminate your license to the Software.

6. TITLE: You agree that no title to the intellectual property in the Software is transferred to you. Title, ownership, rights, and intellectual property rights in and to the Software shall remain in SpecMan4EPR developers and/or SpecMan4EPR licensors. The Software is protected by intellectual property laws of the United States and other countries and by international treaties.

7. WARRANTY:
7.1 Limited Warranty. SpecMan4EPR developers warrants to You that the encoding of the Software on the media on which the Software is furnished will be free from defects in material and workmanship, and that the Software shall substantially conform to its user manual, as it exists at the date of delivery, for a period of ninety (90) days from the date of purchase. SpecMan4EPR entire liability and Your exclusive remedy shall be, at SpecMan4EPR developer's option, either: (i) return of the price paid to SpecMan4EPR developers for the Software, resulting in the termination of this Agreement, or (ii) repair or replacement of the Software or media that does not meet this limited warranty. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to You. This warranty gives You specific legal rights. You may have other rights that vary from state to state.
7.2 GENERAL: SpecMan4EPR developers does not guarantee that use of the Software will be uninterrupted or error-free. SpecMan4EPR developers do not guarantee that the information accessed by the Software will be accurate or complete. You acknowledge that performance of the Software may be affected by any number of factors, including without limitation, technical failure of the Software and other causes reasonably beyond the control of SpecMan4EPR developers. Certain features of the Software may not be forward-compatible with future versions of the Software and use of such features with future versions of the Software may require purchase of the applicable future version of the Software.
7.3 AS IS SALE: EXCEPT FOR THE LIMITED WARRANTIES SET FORTH IN SECTION 8, YOU AGREE THAT SpecMan4EPR DEVELOPERS AND ITS LICENSORS HAVE MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE SOFTWARE AND THAT THE SOFTWARE IS BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ACKNOWLEDGE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT SpecMan4EPR DEVELOPERS, THE RETAILER, OR ANY DISTRIBUTOR) ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS.
7.4 DISCLAIMER: SpecMan4EPR DEVELOPERS DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, (i) THE IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) THAT THE SOFTWARE WILL AVERT OR PREVENT ALL OCCURRENCES (OR THE CONSEQUENCES THEREFROM) THAT THE SOFTWARE IS DESIGNED TO DETECT AND/OR PREVENT; OR (iii) THAT ANY INFORMATION ACCESSED BY THE SOFTWARE WILL BE ACCURATE OR COMPLETE. THIS WARRANTY DISCLAIMER AFFECTS YOUR LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

8. Limitation on Liability. IN NO EVENT WILL SpecMan4EPR DEVELOPERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT, THE PRODUCT OR ANY SERVICES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), OR FOR LOSS OF OR CORRUPTION OF DATA, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR TECHNOLOGY, IRRESPECTIVE OF WHETHER CHECK POINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SpecMan4EPR DEVELOPERS'S MAXIMUM LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE LICENSE FEES RECEIVED BY SpecMan4EPR DEVELOPERS UNDER THIS LICENSE FOR THE PARTICULAR PRODUCT(S) WHICH CAUSED THE DAMAGES. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

9. TERMINATION: This Agreement shall terminate automatically if you fail to comply with the terms of this Agreement. No notice shall be required from SpecMan4EPR developers to effect such termination. You may also terminate this Agreement at any time by notifying SpecMan4EPR developers in writing of termination. Upon any termination of this Agreement, you must uninstall and destroy all copies of the Software.

10 RESERVATION OF RIGHTS: All rights not expressly granted in this Agreement are reserved by SpecMan4EPR developers.